NEW DELHI, May 18: Reiterating that bail is the rule and jail an exception even under stringent anti-terror laws, the Supreme Court of India on Monday granted bail to a man accused in a narco-terror case linked to cross-border drug trafficking and terror financing in Jammu and Kashmir.
A bench of Justices B V Nagarathna and Ujjal Bhuyan granted relief to Handwara resident Syed Iftikhar Andrabi, directing him to surrender his passport and report to the local police station every 15 days.
The case, registered in 2020, is being investigated by the National Investigation Agency under provisions of the Unlawful Activities (Prevention) Act and the IPC.
The court held that Section 43D(5) of the UAPA, which imposes strict bail conditions, cannot justify indefinite incarceration and must be applied in light of Articles 21 and 22 of the Constitution. “Bail is the rule and jail the exception is a constitutional principle flowing from Articles 21 and 22, and the presumption of innocence is the cornerstone of a civilized society governed by rule of law,” the bench observed.
The apex court also underscored that its ruling in the Union of India vs K A Najeeb is binding and cannot be diluted or disregarded by lower courts or even benches of lesser strength.
The landmark 2021 judgment had clarified the scope of bail under the UAPA.
Andrabi had earlier challenged an order of the Jammu and Kashmir and Ladakh High Court, which denied him bail citing cellphone records allegedly showing contact with cross-border terror operatives. (Agencies)
